People v. Walker

Although there was a Molineux error arising out of testimony that defendant had been arrested in connection with another robbery, the reference was brief, inadvertent and not repeated (People v Colon, 203 AD2d 171 , lv denied 83 NY2d 966 ; People v Maisonet, 209 AD2d 297 , lv denied 85 NY2d 864 , cert denied — US —, 116 S Ct 56 ), the record was sanitized immediately (cf., People v Barranco, 174 AD2d 343 ), a limiting instruction was given at the close of evidence that the jury is presumed to have followed (see, People v Owens, 214 AD2d 480 , lv denied 86 NY2d 799 ; cf., People v Taveras, 143 AD2d 208 ), and there is no significant likelihood that the jury would have acquitted but for the error (People v Simmons, 204 AD2d 214 , lv denied 84 NY2d 872 ), making the error harmless. Defendant’s remaining contentions are without merit. Concur — Milonas, J. P., Ellerin, Wallach, Nardelli and Mazzarelli, JJ.